(2) Subject to subsection (6) of this section, ORS 759.375 to 759.393 do not apply to telecommunications utilities or affiliated groups of telecommunications utilities serving fewer than 50,000 access lines in Oregon and not affiliated or under common control with any other kind of public utility providing service in Oregon.
(3) Subject to subsection (6) of this section, ORS 759.300 to 759.360 do not apply to telecommunications utilities or affiliated groups of telecommunications utilities serving fewer than 50,000 access lines in Oregon and not affiliated or under common control with any other kind of public utility providing service in Oregon.
(4) Upon petition by any telecommunications utility serving fewer than 50,000 access lines in Oregon and affiliated or under common control with another public utility providing service in Oregon, and a finding that such action is consistent with the public interest, the commission by order may exempt such telecommunications utility from:
(a) ORS 759.180 to 759.190.
(b) ORS 759.375 to 759.393.
(c) ORS 759.300 to 759.360.
(5) Upon petition by any telecommunications utility serving fewer than 50,000 access lines in Oregon, and finding that such action is consistent with the public interest, the commission by order may exempt such telecommunications utility from ORS 759.175 and 759.205 to 759.215.
(6) Upon petition by the telecommunications utility or upon petition by 10 percent of the then current access line subscribers, or 500 subscribers, whichever is the lesser, of any telecommunications utility:
(a) Filed with the commission not less than 10 days prior to the proposed effective date of new or revised tariff schedules, the commission may impose all or part of the procedures of ORS 759.180 to 759.190 to any of the schedules of a telecommunications utility exempted from ORS 759.180 to 759.190 pursuant to this section.
(b) After notice and hearing and a finding that the action is required by the public interest, the commission may revoke any exemption granted pursuant to this section or impose reasonable conditions upon the continued exercise of the exemption.
(7) Any telecommunications utility for which an exemption from the application of ORS 759.180 to 759.190 is provided pursuant to this section shall notify its affected customers of any price increase for intrastate telecommunications services at least 45 days prior to the proposed effective date of the increase.
(8) Any telecommunications utility for which an exemption from the application of any statute is provided pursuant to this section shall file with the commission an annual report that includes copies of the income statement and balance sheet the telecommunications utility files with the Federal Communications Commission. Each telecommunications utility described in this subsection shall notify customers that the income statement and balance sheet are on file with the commission. [Formerly 757.870; 1999 c.451 §1; 2005 c.232 §12]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 759 - Telecommunications Utility Regulation
Section 759.005 - Definitions.
Section 759.016 - Legislative findings on broadband services.
Section 759.040 - Exemptions for certain unaffiliated utilities with fewer than 50,000 access lines.
Section 759.050 - Competitive zone service regulation.
Section 759.052 - Commission authority to exempt telecommunications services from regulation.
Section 759.070 - Charge to access public body radio tower; market rate; exception.
Section 759.075 - Authority to construct lines and facilities; condemnation power; procedure.
Section 759.120 - Form and manner of accounts prescribed by commission.
Section 759.130 - Closing date of accounts; filing balance sheet; audit.
Section 759.135 - Depreciation accounts; undepreciated investment allowed in rates; conditions.
Section 759.175 - Filing rate schedules and data with commission.
Section 759.180 - Hearing on reasonableness of rates; procedures; exceptions.
Section 759.182 - Rate schedules for service promotions; rules.
Section 759.210 - Classification of service and rates; considerations; rules.
Section 759.215 - Public access to schedules.
Section 759.218 - Revenues and expenses of unregulated activities.
Section 759.220 - Joint rates and classifications; procedure; considerations.
Section 759.230 - Measured service rate for business customers; restriction.
Section 759.235 - Mandatory measured service rate; prohibition.
Section 759.240 - Measuring quality of service; standards; rules.
Section 759.245 - Examination and testing of measuring appliances; rules; fees.
Section 759.257 - Extended area service: Portland to Scappoose.
Section 759.259 - Extended area service: Portland to Molalla.
Section 759.260 - Unjust discrimination in rates.
Section 759.265 - Practices not constituting unjust discrimination.
Section 759.275 - Undue preferences and prejudices.
Section 759.310 - When issuance of securities void.
Section 759.315 - Purposes for which securities may be issued; order required; exceptions; rules.
Section 759.320 - Application of ORS 759.315.
Section 759.345 - Use of proceeds from issuance; accounting; rules.
Section 759.360 - Prohibited acts regarding issuance of securities.
Section 759.375 - Approval prior to sale, mortgage or disposal of operative utility property.
Section 759.380 - Purchase of stock or property of another utility.
Section 759.390 - Contracts with affiliated interests; procedure; use in rate proceedings.
Section 759.393 - Applicability of ORS 759.385 and 759.390.
Section 759.400 - Definitions for ORS 759.400 to 759.455.
Section 759.500 - Definitions for ORS 759.500 to 759.570.
Section 759.535 - Application to serve unserved territory; hearing; notice.
Section 759.560 - Assignment or transfer of allocated territory; rules.
Section 759.570 - Application of law to local government.
Section 759.585 - Definitions for ORS 759.585 to 759.595.
Section 759.590 - Application for service by unserved person; rules.
Section 759.650 - Definitions for ORS 759.650 to 759.675.
Section 759.660 - Fixing charges or rates; criteria; costs of hearing.
Section 759.680 - Operator service provider duties to service users; rules.
Section 759.685 - Surcharge assessed on retail telecommunications subscribers; rules.
Section 759.687 - Residential Service Protection Fund.
Section 759.688 - Oregon Telephone Assistance Program Advisory Committee; duties; members; rules.
Section 759.693 - Definitions.
Section 759.696 - Telecommunication Devices Access Program Advisory Committee; duties; members.
Section 759.697 - Program coordinator; program administration.
Section 759.698 - Eligibility.
Section 759.700 - Definitions for ORS 759.700 to 759.720.
Section 759.705 - Program message preamble; information to be included.
Section 759.710 - Pay-per-call information; disclosure.
Section 759.730 - Unauthorized changes in telecommunications carriers ("slamming"); rules.